Chapter 11.29
NOISE EMISSIONS
Sections:
11.29.010 Declaration of policy.
11.29.020 Terminology.
11.29.030 Definitions.
11.29.040 Powers and duties of the noise control officer.
11.29.050 Departmental responsibility.
11.29.060 Departmental cooperation.
11.29.070 Compliance with other laws.
11.29.080 Project approval.
11.29.090 Right of review.
11.29.100 Contracts.
11.29.110 Low noise emission products.
11.29.120 General noise regulation.
11.29.130 Noise measurement procedure.
11.29.140 Decibel measurement criteria.
11.29.150 Designated noise zones.
11.29.160 Maximum permissible sound levels by receiving land use.
11.29.170 Noise level measurement.
11.29.180 Specific prohibitions.
11.29.210 Exemptions.
11.29.220 Violations and enforcement.
11.29.230 Variance procedures.
11.29.240 Appeals.
11.29.250 Severability.
11.29.010 Declaration of policy.
(1) In order to control unnecessary, excessive and annoying noise and vibrations in the city of South Gate, it is hereby declared to be the policy of the City to prohibit such noise and vibration generated from or by all sources as specified in this part. It shall be the policy of the city to maintain quiet in those areas which exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the city where noise levels are above accepted levels.
(2) It is determined that certain noise levels and vibrations are detrimental to the public health, welfare, and safety, and are contrary to the public interest. Therefore, the city council does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.020 Terminology.
All terminology used in this chapter, if not defined below, shall have the same meaning as defined by applicable publications of the American National Standards Institute (ANSI), or its successor body.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.030 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(1) "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB (A) or dBA.
(2) "Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. For a comparison of ambient noise with sounds from an identifiable source at a location and time of day selected for the comparison, the ambient noise level is the equivalent A-weighted sound level measured on slow meter response, averaged over a period of fifteen minutes without inclusion of the sounds from the source(s) in question, or randomly occurring intermittent noises from any other isolated identifiable source.
(3) "Commercial area" means any area occupied by businesses which sell, rent, trade, or store goods, or which provide a service.
(4) "Commercial purpose" means the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business, goods, or services, or for the purpose of attracting the attention of the public, or soliciting patronage of customers to any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment.
(5) "Construction" means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition.
(6) "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted.
(7) "Decibel (dB)" means a unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals (twenty micronewtons per square meter).
(8) "Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
(9) "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
(10) "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
(11) "Equivalent A-weighted sound level (Leq)" means the constant sound level that, on a given situation and time periods, conveys the same sound energy as the actual time-varying A-weighted sound level.
(12) "Fixed noise source" means a stationary device which creates sound while fixed or motionless, including but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment.
(13) "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating, which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.
(14) "Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.
(15) "Industrial area" means any area occupied by land uses whose primary operation involves manufacturing, assembling, processing, or otherwise treating raw materials, semi-finished products, or finished products, for packaging and distribution to either wholesale or retail markets.
(16) "Intrusive noise" means that noise which intrudes over and above the existing ambient noise at receptor property.
(17) "Licensed" means the issuance of a formal license or a permit by a city authority; or, where no permits or licenses are issued, the sanctioning of the activity by the city as noted in the public record.
(18) "Mobile noise source" means any noise source other than a fixed noise source.
(19) "Motor carrier vehicle engaged in interstate commerce" means any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.
(20) "Motor vehicle" shall include any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under said Code, and all off-highway type motor vehicles subject to identification under said Code.
(21) "Muffler or sound dissipative device" means a device for abating the sound of escaping gases of an internal combustion engine.
(22) "Noise" means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
(23) "Noise control officer" means the city official appointed by the chief administrative officer to direct the noise control office.
(24) "Noise disturbance" means an alleged intrusive noise which violates an applicable noise standard as set forth in this chapter.
(25) "Noise sensitive zone" means any area designated pursuant to Section 11.29.150 of this chapter for the purpose of insuring exceptional quiet.
(26) "Noise source" means a disturbance-causing operation which originates from a single unit or noise generating mechanism which operates simultaneously. Example of a single noise source is the combination of motor, pump, and compressor; oil drilling rig; or a power plant with several boilers.
(27) "Noise zone" means defined areas wherein the ambient noise levels are generally similar (within a range of 5 dB). Typically, most sites within any given noise zone will be of comparable proximity to major noise sources.
(28) "Noncommercial purpose" means the use, operation or maintenance of any sound equipment for other than a "commercial purpose," including, but not limited to, philanthropic, political, patriotic, and charitable purposes.
(29) "Person" means any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.
(30) "Powered model vehicle" means any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.
(31) "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
(32) "Public space" means any real property or structures thereon which are owned or controlled by a governmental entity.
(33) "Pure tone" means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of five hundred Hz and above and by eight dB for center frequencies between one hundred sixty and four hundred Hz and by fifteen dB for center frequencies less than or equal to one hundred twenty-five Hz.
(34) "Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.
(35) "Residential area" means any area wherein the dominant land use is devoted to maintenance, preservation, or propagation of residential dwelling units.
(36) "RMS sound pressure" means the square root of the time averaged square of the sound pressure, denoted prms.
(37) "Sound" means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
(38) "Sound level" means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C, as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971 or the latest approved revision thereof). If the A-weighting shall apply.
(39) "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurements of sound levels, which satisfies the requirements pertinent for type S2A meters in American National Standard Institute specifications for sound level meters, S1.4-1971, or the most recent revision thereof.
(40) "Sound pressure" means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
(41) "Sound pressure level" means twenty times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of twenty micropascals (20 x 10-6 N/M2). The sound pressure level is denoted Lp or SPL and is expressed in decibels.
(42) "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound, excluding standard automobiles when used and heard only by the occupants of the vehicle in which the device is installed and, as used in this chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
(43) "Sound truck" means any motor vehicle or any other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.
(44) "Vibration" means mechanical motion of the earth or ground, building, or other type of structure, induced by the operation of any mechanical device or equipment located upon or affixed thereto. For purposes of this chapter, the magnitude of the vibration shall be stated as the acceleration in "g" units (1 g is equal to 32.2 ft/sec2, 9.31 meters/sec2).
(45) "Weekday" means any day, Monday through Friday, which is not a federal holiday.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.040 Powers and duties of the noise control officer.
The noise control program established by this chapter shall be administered by the director of building, or his delegate, who when acting to enforce or monitor the provisions of this chapter shall be deemed the noise control officer.
(1) In order to implement and enforce this chapter and for the general purpose of noise abatement and control, the noise control officer shall have, in addition to any other authority vested in it, the power to:
(a) Delegate functions, where appropriate under this chapter to personnel and to other departments, subject to the approval of the chief administrative officer;
(b) Investigate and pursue violations of this chapter;
(c) Conduct, or cause to be conducted, studies, research, and monitoring related to noise, including joint cooperative investigation with public or private agencies, and make application for and accept grants;
(d) Conduct programs of public education regarding noise abatement;
(e) Provide for training of field inspectors and other technical personnel concerned with noise abatement. (In conformance with standards for technical qualifications as established by the State Office of Noise Control.);
(f) Coordination and Cooperation:
(i) Coordinate the noise control activities of all municipal departments;
(ii) Cooperate where practicable with all appropriate state and federal agencies;
(iii) Cooperate where practicable with appropriate county and municipal agencies;
(iv) Advise on the availability of low noise emission products for replacement or retrofit of existing or planned city owned or operated equipment.
(v) Recommend to the city council the approval of contracts for the provision of technical and enforcement services;
(g) Request any other department or agency responsible for a proposed or final standard, regulation or similar action to consult on the advisability of revising the action, if there is reason to believe that the action is not consistent with this chapter;
(h) On all public and private projects which are likely to cause sound in violation of this chapter and which are subject to mandatory review or approval by other departments or agencies, or which under the environmental review process are judged to be likely to violate these regulations:
(i) Review to determine compliance with the intent and provisions of this chapter;
(ii) Recommend sound analysis which identify existing and projected noise sources and associated sound levels;
(iii) Recommend usage of adequate measures to avoid violation of any provisions of this chapter;
(i) Upon presentation of proper credentials, enter and/or inspect any private property, place, report, or records at any time when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search of inspection warrant may be obtained from a court of competent jurisdiction upon showing a probable cause to believe that a violation of this chapter may exist. Such inspection may include administration of any necessary tests;
(j) Develop and recommend (to the city council or other city agency) provisions regulating the use and operation of any product, including the description of maximum sound emission levels of such product, but not in such a manner as to conflict with federal or state new product regulations;
(k) Prepare recommendations, to be approved by the city council, for the designation of noise sensitive activities and to enforce the provisions of sections on city council designated noise sensitive zones;
(l) Prepare recommendations, based upon noise survey data and analytical studies, to be approved by the city council, for the designation of zones of similar ambient environmental noise within regions of generally consistent land use. These zones shall be identified in terms of their day and nighttime ambient noise levels by the classifications given in Section 11.29.160;
(m) Prior to the approval of any zoning change:
(i) Review the noise impact of the zoning change by identifying existing and projected noise sources and the associated sound levels;
(ii) Require usage of adequate measures on noise sources identified in Section 11.29.040(M)(1) which will be in violation of any provision of this chapter.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.050 Departmental responsibility.
All departments shall, to the fullest extent consistent with their authorities under other ordinances administered by them, carry out their programs in such a manner as to further the policies stated in Section 11.29.010 of this chapter.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.060 Departmental cooperation.
All departments shall cooperate with the noise control officer to the fullest extent enforcing the noise regulations of this chapter.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.070 Compliance with other laws.
All departments engaged in any activities which result or may result in the emission of noise, shall comply with federal and state laws and regulations, as well as the provisions of this chapter, respecting the control and abatement of noise to the same extent that any person is subject to such laws and regulations.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.080 Project approval.
Each department whose duty it is to review and approve new projects or changes to existing projects that result, or may result in the emission of noise, shall consult with the noise control officer prior to any such approval.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.090 Right of review.
If at any time the noise control officer has reason to believe that a standard, regulation, or action or proposed standard, regulation, or action or proposed standard, regulation or action of any department respecting noise does not conform to the intent of Section 11.29.010 of this chapter, he may request such department to review and report to him on the advisability of revising such standard or regulation to conform.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.100 Contracts.
Any written agreement, purchase order, or instrument whereby the city is committed to the expenditure of funds in return for work, labor, services, supplies, equipment, materials, or any combination of the foregoing, may not be entered into unless such agreement, purchase order, or instrument contains provisions requiring that any equipment or activities which are subject to the provisions of this chapter will be operated, constructed, conducted, or manufactured without causing violation of this part.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.110 Low noise emission products.
Any product which has been certified by the Administrator of the United States Environmental Protection Agency pursuant to Section 15 of the Noise Control Act of 1972 as a low noise emission product and which is determined to be suitable for use as a substitute, shall be used in preference to any other product where economically feasible.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.120 General noise regulation.
It shall be unlawful for any person to willfully make or continue, cause or to allow on his property to be made or continued, a loud, unnecessary or unusual noise (including animal noises, e.g., dog barking) which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The standards which shall be considered in determining whether a violation of the provisions of this section exist shall include, but not be limited to the following:
(1) The sound level of the objectionable noise;
(2) The sound level of the ambient noise;
(3) The proximity of the noise to residential dwellings or other noise sensitive facilities such as hospitals, schools, nurseries, nursing homes, as appropriate;
(4) The nature zoning and land use of the area within which the noise emanates;
(5) The density of the inhabitation of the area within which the noise emanates;
(6) The time of day or night the noise occurs;
(7) The duration of the noise and its tonal, informational or musical content;
(8) Whether the noise is continuous, recurrent, or intermittent;
(9) Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.130 Noise measurement procedure.
The measurement procedure presented below assumes that personnel performing the noise measurements have been trained in the use of the instruments and in interpretation of measured data. Upon receipt of a complaint from a citizen, the noise control officer, or his agent, equipped with sound level measurement equipment satisfying the requirements specified in Section 11.29.140, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem as specified in the California Office of Noise Control Model Enforcement Manual.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.140 Decibel measurement criteria.
Any decibel measurement made pursuant to the provision of this chapter shall be based on a reference sound pressure of twenty micropascals as measured with a sound level meter using the "A" weighted network (scale) at slow response or at the fast response when measuring impulsive sound levels and vibrations.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.150 Designated noise zones.
Receptor properties hereinafter described are hereby assigned to the following noise zones:
|
NOISE ZONE I |
Noise Sensitive Area |
|
NOISE ZONE II |
Residential properties |
|
NOISE ZONE III |
Commercial properties |
|
NOISE ZONE IV |
Industrial properties |
(Ord. 1627 § 3 (part), 8-27-84)
11.29.160 Maximum permissible sound levels by receiving land use.
No person shall operate or cause to be operated on property owned, leased, occupied or otherwise controlled by such person, any source of sound in such manner as to create a sound level which exceeds by 5 decibels or more, inclusive of the ambient, the higher of the following: (1) the limits set forth for the receiving land use category in Table I, as adjusted by using the duration correction adjustment set forth in the succeeding paragraph; or, (2) the actual measured ambient noise level, when measured at property boundary of the closest adjoining parcel of land occupied by human beings at the time of the noise emission.
|
Receiving Land Use Category |
Time |
Sound Level Limit (dBA) |
|
Noise Zone I |
Anytime |
45 |
|
Noise Zone II |
7:00 am - 10:00 pm |
50 |
|
(Residential) |
10:00 pm - 7:00 am |
40 |
|
Noise Zone III |
Anytime |
55 |
|
Noise Zone IV |
Anytime |
65 |
Duration Correction Adjustment
The time duration allowances shown below shall be added to the limiting levels above, for sound levels lasting less than one hour.
|
Duration (less than) Allowance |
|
|
30 min./hour (50%) |
+ 3 dBA |
|
15 min./hour (25%) |
+ 6 dBA |
|
10 min./hour (16%) |
+ 8 dBA |
|
5 min./hour (8%) |
+ 11 dBA |
|
2 min./hour (3%) |
+ 15 dBA |
(Ord. 1627 § 3 (part), 8-27-84)
11.29.170 Noise level measurement.
Utilizing the "A" weighting scale of the sound level meter and the "slow" meter response (use "fast" response for impulsive type sounds), the noise level shall measured at a position or positions at any point on the receiver’s property.
In general, the microphone shall be located four-to-five feet above the ground; ten feet or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized.
Interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.180 Specific prohibitions.
Notwithstanding any other provisions of this chapter, the following acts, and the causing or permitting thereof, are declared to be in violation of this chapter;
(1) Street Sales. Offering for sale, selling anything, or advertising by shouting, outcry, music, or noise to attract attention within any residential or commercial area or noise sensitive zone of the city. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertain events.
(2) Radios, Television Sets and Similar Devices Use Restricted. Playing or operating radio set, musical instrument, phonograph, tape recorder, television set, or other machine or device for producing or reproducing or amplifying sound (between the hours of 10 p.m. and 7 a.m. of the following day) in such a manner as to disturb peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in Area II (residential). Any noise exceeding the ambient noise at the property line of any property (or if a condominium or apartment house, within any adjoining apartment) by more than five decibels shall be deemed to be prima facie evidence of a violation of the provision of this section.
(3) Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual situated on adjacent or abutting property which is zoned for any use other than manufacturing. The vibration perception threshold shall be deemed to be a motion velocity of 0.01 inches per second over a range of 1 to 100 Hertz. (Ord. 1870 § 2, 5-28-91).
(4) Vehicle and Motorboat Repair and Testing. Repairing, testing or rebuilding or permitting the repair, testing or rebuilding any motor vehicle, and/or motorboat in any residential area of the city, between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day, in such a manner that would cause the noise level at the property line to exceed the ambient noise level by more than five decibels.
(5) Powered Model Vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, or within a noise sensitive zone between the hours of 10:00 p.m. and 7:00 a.m. the following day.
(6) Stationary Nonemergency Signaling Devices. Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than 10 consecutive seconds in any hourly period.
Houses of religious worship shall be exempt from the operation of this provision.
(7) Emergency Signaling Devices.
(a) The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device except for emergency purposes or for testing, as provided in subsection (i) and (ii).
(i) Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 10:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds.
(ii) Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 7:00 a.m. or after 10:00 p.m. and will last no longer than ten minutes. The time limit specified in subsection (B) shall not apply to such complete system testing.
(b) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm except in an emergency unless such alarm is terminated within thirty minutes of activation.
(8) Refuse Collection Vehicles.
(a) On or after three years following the effective date of the ordinance codified in this chapter, operating or permitting the operation of the compacting mechanism of any motor vehicle which compact refuse and which creates, during the compacting cycle, a sound level in excess of eighty-six dBA when measured at fifty feet from any point on the vehicle;
(b) Operating or permitting the operation of the compacting mechanism or any motor vehicle which compacts refuse, between the hours of 10:00 p.m. and 6:00 a.m. the following day in a residential area or noise sensitive zone; or within five hundred feet thereof;
(c) Collecting refuse with collection vehicle between the hours of 10:00 p.m. and 6:00 a.m. the following day in a residential area or noise sensitive zone or within 50 feet thereof;
(d) In the case of a conflict between this chapter and Chapter 6.52 (Garbage) of Title 6 (Health and Sanitation) of the Municipal Code of the city of South Gate regulating refuse collection, the provisions of Chapter 6.52 (Garbage) of said Title 6 (Health and Sanitation) regulating refuse collection shall control.
(9) Noise Sensitive Zones.
(a) Creating or causing the creation of any noise disturbance within any noise sensitive zone, as designated by the noise control officer, provided that conspicuous signs are displayed indicating the presence of the zone.
(b) Noise sensitive zones must be indicated by the display of conspicuous signs in at least three separate locations within six hundred feet of the institution or facility.
(10) Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, leaf blower, or similar devices used outdoors in residential areas between the hours of 10:00 p.m., and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary.
(11) Explosives, Firearms, and Similar Devices. The use or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way without first obtaining a special variance issued, pursuant to Section 11.24.230.
(12) Animal Noise Emissions. Owning or maintaining any animal who, or permitting any animal to emit noise in or into a residential land use between the hours of 10:00 p.m. and 7:00 a.m. such as to disturb the peace and quiet of any person in proximity thereto.
(13) Loud Parties or Gatherings. Generating any noise from a party or gathering of two or more people that can be heard at a distance of thirty feet from the boundary of the property where such party or gathering is held.
(Ord. 1951 § 4, 6-22-93; Ord. 1870 § 2, 5-28-91; Ord. 1627 § 3 (part), 8-27-84)
11.29.210 Exemptions.
The following activities shall be exempted from the provisions of this chapter:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work;
(2) Warning devices necessary for the protection of public safety or self-defense, as for example, police, fire and ambulance sirens and train horns;
(3) Activities conducted on public playgrounds and public or private school grounds including but not limited to school athletic and school entertainment events;
(4) Any activity to the extent preempted from regulation by state or federal law;
(5) Bells, chimes, or carillons while being used in conjunction with religious services.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.220 Violations and enforcement.
(a) The noise control officer shall have primary responsibility, with such assistance of the police department as may be necessary or desirable, for the enforcement of the noise regulations contained herein. The noise control officer shall make all noise level measurements required for the enforcement of this chapter. Nothing in this chapter shall preclude the noise control officer from seeking to obtain voluntary compliance by way of warning, notice or informational materials.
(b) Upon an initial violation of the provisions of this chapter, a written notice of violation shall be given the alleged violator specifying the time within which the condition shall be corrected or, if applicable, the time within which an application for a permit or variance shall be submitted to the noise control officer. The noise control officer shall take no further action in the event the condition causing the violation has been removed, abated or fully corrected within the time period specified in the written notice.
(c) Any person violating any of the provisions of this chapter shall be deemed guilty of misdemeanor and, upon conviction thereof, shall be punished as provided for in Chapter 1.56 of Title 1 of this code. Each hour such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(d) In addition to the foregoing penalties, when a party or gathering of two or more people occurs on private property and is determined by a noise control officer or police officer at the scene to constitute a violation of the California Penal Code or the South Gate Municipal Code, or is otherwise a threat to the public peace, health, safety or welfare due to the magnitude of the crowd, noise, disturbance or unruly behavior generated by the party or gathering, or excessive traffic, or destruction of property, then the noise control officer or police officer shall take such actions and give such direction as is necessary to abate the violation or condition and shall advise the responsible person orally and in writing that, if additional law enforcement personnel are required to respond to abate the condition, the responsible person and the owner or occupant of the property shall be held liable for the cost of providing such services. Such direction and advice shall be given to the person responsible for the party or gathering or to the owner or occupant of the property involved. If the condition is not voluntarily abated and if additional city personnel, including law enforcement officers, are required in order to disperse the party or gathering, quell any disturbance, direct traffic, cite illegally parked vehicles or otherwise respond, then the cost of such additional city services, including law enforcement services, shall be reimbursed to the city as provided in subsection (e) of this section.
(e) The person or persons responsible for a party or gathering described in subsection (d) of this section, or the owner or occupant of the property on which the party or gathering is held, or, if any such person is a minor, the parents or legal guardians of the minor, shall be jointly and severally liable for the following costs incurred by the city:
(1) The actual cost to the city of law enforcement services excluding the initial response provided by a noise control officer or police officer in order to abate any of the conditions described in subsection (d) of this section;
(2) Damage to public property resulting from such law enforcement response; and
(3) Injuries to any noise control officer or law enforcement personnel involved in such law enforcement response.
(f) The police department or the noise control officer shall calculate all costs and shall advise the director of finance. The person or persons specified above in subsection (e) of this section shall be billed by the finance director following receipt of the total cost from the noise control officer or the police department, and payment shall be due and payable within fifteen days of the billing date. If the amount due is not paid, the city may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of law.
(Ord. 1951 § 5, 6-22-93: Ord. 1627 § 3 (part), 8-27-84)
11.29.230 Variance procedures.
(1) The owner or operator of a noise source which violates any of the provisions of this chapter, may file an application with the noise control officer for a variance from the revisions thereof, wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. The application shall be accompanied by a fee in the amount of two hundred dollars. A separate application shall be filed for each noise source: provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the noise control officer shall refer it with his recommendations thereon within sixty days to the planning commission for action thereon in accordance with the provisions of this chapter.
(2) An applicant for a variance shall remain subject to prosecution under the terms of this chapter until a variance is granted.
(3) The city planning commission shall hold a public hearing in accordance to the provisions of Chapter 11.42 and evaluate all applications for variance from the requirements of Chapter 11.29 and Chapter 11.38 and may grant said variances with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of this chapter. Said terms, conditions and requirements may include, but shall not be confined to limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations, said commission shall consider the following:
(a) The magnitude of nuisance caused by the offensive noise;
(b) The uses of property within the area of impingement by the noise;
(c) The time factors related to study, design, financing, and construction of remedial work;
(d) The economic factors related to age and useful life of the equipment;
(e) The general public interest, welfare and safety.
(4) Any variance granted by the city planning commission shall be transmitted to the noise control officer for administration. Any violations of the terms of said variance shall be unlawful.
(5) The provisions of this section do not apply to loud parties or gatherings as they are defined in Section 11.29.180(13).
(Ord. 1951 § 6, 6-22-93: Ord. 1627 § 3 (part), 8-27-84)
11.29.240 Appeals.
(1) Within ten calendar days following the decision of the city planning commission on an application, the applicant or any other interested person may appeal the decision through the city council by filing a notice of appeal with the city clerk. In the case of an appeal for a variance, the notice of appeal shall be accompanied by a fee of seventy-five dollars.
(2) Upon receipt by the city clerk of a written appeal from the applicant or opponent, or interested party, as provided in this chapter, the city clerk shall advise the secretary of the city planning commission who shall transmit to the city clerk a copy of the city planning commission’s record of the case. In addition, any person may file with the city council written argument supporting or opposing the decision of the city planning commission.
(3) Within and not to exceed forty-five days following the receipt of the written appeal, the city council shall conduct a public hearing, public notice of which shall be given as provided in Chapter 11.42.
(4) If the city council proposes an action that is in any way contrary to the recommendations of the city planning commission, the city council shall set forth its findings and proposed change or changes to the city planning commission’s recommendation and the findings and proposed change or changes shall automatically be referred back to the city planning commission and a further report requested of the city planning commission on the matter.
Failure of the city planning commission to report to the city council within forty days after reference may be deemed to be approval by the city planning commission of any proposed change.
(Ord. 1627 § 3 (part), 8-27-84)
11.29.250 Severability.
If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this ordinance which can be given effect without the invalid provisions or applications; and to this end, the provisions of this ordinance are hereby declared to be severable.
(Ord. 1627 § 3, 8-27-84)